Civpro midterm question Forum

[dirtyjesus]

The midterm had a MC question about a motion to dismiss under rule 12b. What is the difference between insufficient service of process and insufficient process? This totally had me stumped.

[laxbrah420]

http://www.top-law-schools.com/forums/v ... 3&t=126856

Insufficient process is when something is defective with the process itself, under Rule 4. Something is wrong with the content of the summons or complaint; for example, the summons fails to name the parties or the court.

This is different from insufficient service of process, in which the summons and complaint are fine, but aren't being properly delivered to the opposing party.

[dirtyjesus]

http://www.top-law-schools.com/forums/v ... 3&t=126856

Insufficient process is when something is defective with the process itself, under Rule 4. Something is wrong with the content of the summons or complaint; for example, the summons fails to name the parties or the court.

This is different from insufficient service of process, in which the summons and complaint are fine, but aren't being properly delivered to the opposing party.

Thanks but damn I missed that one

[laxbrah420]

what were the options

[dirtyjesus]

what were the options

Q: fact pattern where two summons get mixed up by sheriff for codefendants, A gets B's summons and vice versa. And b's summons is left with 14 year old daughter. Plus other irrelevant info. What is best claim under 12b motion for dismissal?

Statute of limitations
Wrong venue
Insufficient process
Insufficient service of process
None of the above

[MarcusAurelius]

insufficient service of process